Power to contract — presently exercisable power of appointment — power of appointment not presently exercisable.

1. Law
2. Missouri Revised Statutes
3. Trusts and Estates of Decedents and Persons Under Disability
4. Trusts and Trustees — The Uniform Trust Code
5. Power to contract — presently exercisable power of appointment — power of appointment not presently exercisable.

Effective - 28 Aug 2016

456.1090. Power to contract — presently exercisable power of appointment — power of appointment not presently exercisable. — 1. A powerholder of a presently exercisable power of appointment may contract:

(1) Not to exercise the power; or

(2) To exercise the power if the contract when made does not confer a benefit on an impermissible appointee.

2. A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder:

(1) Is also the donor of the power; and

(2) Has reserved the power in a revocable trust.

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(L. 2016 H.B. 1765)

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